Insights - Articles

On 11 September the Royal Court handed down its
judgment in Crociani & O’rs v Crociani & O’rs
[2017] JRC146 in favour of the Plaintiffs. Eason
Rajah and Anthony Robinson discuss the judgment. Published in Trusts & Trustees, Vol. 24, No. 2 - March 2018.

Anthony Robinson and Eason Rajah QC review the Royal Court judgment in the long-running case of Crociani v Crociani delivered on 11 September 2017. Published in STEPs Trust Quarterly Report - December 2017.

When the Foreign Account Tax Compliance Act (FATCA) was first introduced by the USA, there was a degree of reluctance among some in the finance industry to engage with it - Nancy Chien discusses. Published in the Journal of International Tax, Trust and Corp...

It is often suggested that it is easy to write your own Will if your wishes are simple and your financial situation isn’t complicated - Donna Withers discusses. Published in Gallery Magazine - September 2017.

Will foundations in Jersey draw upon jurisprudence in civil law countries, or will they develop separately, drawing parallels with the law and practice relating to trusts and companies? Zillah Howard, Partner discusses. Published in Trust & Trustees, Vol. 2...

The outcome of the UK referendum on 23 June 2016 to leave the EU was both shocking and unprecedented but Guernsey is well positioned to meet any challenges. Richard Sharp, partner explains. Published in Contact Magazine - July/August 2017 issue.

Donna Withers looks at a new law scheduled to come into force in April 2017 which will radically change the way the Island responds to mental health issues. Published in the JEP Law and Accountancy Review - 16 February 2017.

Rebecca McNulty considers the new “EU-US Privacy Shield”, and whether, as some say, it might one day be successfully challenged, amid calls for something still more robust. Published on International Investment online - 13 December 2016.

David Cadin discusses his management approach and the changes he is putting in place, the exciting opportunities for the business following the completion of the MBO and the future direction of the industry generally. Published in Connect Magazine - October...

Litigation in the trust sector has seen a number of high profile cases in Guernsey and Rupert Morris examines the impact two of these cases could have on trust work on the island. Published in eprivateclient - January 2016.

This article written by Edward Drummond discusses the merits of incorporating a rescue culture, and an appropriate procedure enabling rescue, into Jersey Law.
Published in The Jersey and Guernsey Law Review, October 2015.

Putting the right structure in place for the right client is essential when advising wealthy clients from the Gulf explain James Campbell and Henry Wickham. Published in eprivateclient - December 2015.

Jersey Practitioners have been faced with a number of significant legislative developments in recent months. Here, Henry Wickham summaries the most important and considers their implications. Published in STEP Journal October 2014.

With global financial sanctions now reaching an unprecedented level, Angela Bilbow casts a view over the consequences sanctions have on Channel Islands financial institutions, how they are being tackled and what lies ahead.

Kristian Wilson looks at the interaction between offshore jurisdictions, such as the BVI, and Russia. Published in the May 2015 edition of the Russian Law Journal, the leading English language legal journal in Russia.
For the full article please click h...

Kristian Wilson looks at some of the drivers for offshore jurisdictions such as the British Virgin Islands (BVI) to play such a significant role in structuring foreign direct investment (FDI) into and out of the people's republic of China (PRC). Published i...

Bedell Cristin partner Mark Helyar and Clive James of insurance captive manager Kane discuss whether there is room for European domiciles to gain a stronger foothold in the ILS market. Published in Insurance Day, 16 March 2015.

Collateralised re is the fastest growing source of alternative capacity and the good news is that it looks like it’s here to stay. It is now the dominant source of alternative reinsurance capacity and investors and capacity providers are increasingly seekin...

There has been continued growth in companies incorporated outside England using the scheme of arrangement regime contained in the UK Companies Act 2006 to restructure debts governed by English law. But in what circumstances should the debtor also initiate a...

Two Islanders who are currently pursuing law courses with the Institute of Law reveal their very different reasons for choosing to resume their studies. Published in JEP Law and Accountancy Review 2014.

Henry Wickham, a solicitor in the international private client team, and the student liaison officer for STEP, explains many benefits of a STEP qualification - published in the JEP Careers & Employment Review December 2013.

Your first house purchase is one of the biggest and most exciting steps you will take in your life and it is a step made easier if you plan carefully and take good advice, Peter Bertram writes - published in Gallery magazine - July 2013.

For Russian clients wishing to establish a structure for the preservation of private wealth, Jersey is a very attractive choice, Zillah Howard and James Campbell write - published in Jersey Finance: Links with Russia publication, June 2013.

Kate Ovenden, Partner writes the Guernsey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London...

Martin Paul, Partner writes the Jersey Chapter for Alternative Investment Funds 2013. This article appeared in the 1st edition of The International Comparative Legal Guide to: Alternative Investment Funds 2013; published by Global Legal Group Ltd, London (w...

Nancy Chien, senior associate in the Private Wealth and Fiduciary, examines the importance of not falling foul of HMRC when moving benefits in a UK pension scheme in Jersey - published in the JEP Business Review - 14 March 2013.

The Channel Islands are set to face a new regulatory regime later this year when a European directive targets alternative investment fund managers. Martin Paul reports - published in The Global Legal Post - 9 March 2013.
Please click here for the full Ar...

Mark Helyar, Partner writes the Guernsey Chapter for Insurance & Reinsurance 2013. This article appeared in the 2nd edition of The International Comparative Legal Guide to: Insurance & Reinsurance; published by Global Legal Group Ltd, London (www.iclg.co.uk)

Lisa Springate and Tim Wright write about the recent case of the Shinorvic Trust [2012] JRC 081, the Royal Court of Jersey had to consider whether an old principle of English equity applied in Jersey and, if so, whether it applied in a modern, unconventiona...

Lisa Springate and Tim Wright on the Shinorvic Trust case and the application of an English principle in Jersey: Equity aids the defective execution of a power - copyright Society of Trust and Estate Practitioners - article first published in STEP Journal V...

While charitable and non-charitable purpose Trusts in Jersey have been used for philanthropy, there's a growing interest in foundations, says Zillah Howard, published in STEP Journal 2012.
Copyright Society of Trust and Estate Practitioners, article firs...

The funds industry in Jersey is anticipating the launch of new codes of practice for certified funds (the "Codes"), to be implement from 31 March 2012 - published in the CISX Bulletin Board magazine Spring 2012.

Since April this year there have been two new types of legal vehicle available in Jersey: the separate limited partnership ('SLP') and the incorporated limited partnership ('ILP'), Richard Le Liard reports - published in Connect magazine Aug/Sept 2011.

Behind every successful business is a team of dedicated personnel but what we often overlook is the contribution busy professionals make to our island community - published in Guernsey Chamber of Commerce Contact Magazine June/July 2011.

Mark Helyar discusses the different investment-wrapper option that the Guernsey captive jurisdiction is able to offer to investors interested in the jurisdiction - published in Captive Review Guernsey Report 2011.